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HOLLAND v. FULBERT, INC.

49 A.D.2d 86 (1975)

Alex Holland, Respondent, v. Fulbert, Inc., et al., Defendants; Marine Midland Bank-Eastern, National Association, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 24, 1975

Attorney(s) appearing for the Case

Martin, Noonan, Hislop, Troue & Shudt (Walter S. Wojcik of counsel), for appellant.

Oreste Vincent for respondent.

GREENBLOTT and SWEENEY, JJ., concur with REYNOLDS, J.; HERLIHY, P. J., and LARKIN, J., dissent and vote to reverse in an opinion by LARKIN, J.

REYNOLDS, J.

This motion arose out of an action by the plaintiff Alex Holland to foreclose a mortgage. The appellant Marine Midland Bank-Eastern, National Association, Sanford E. Thompson and Jean F. Thompson and Fulbert, Inc., were named as defendants in this foreclosure action.

The facts are as follows:

Plaintiff, Alex Holland, owned the premises in question, which were at the time of his ownership...

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